Thursday, July 21, 2011

Expansion of Sanctions after Elections in the Ivory Coast - S/RES/1975 (2011)


S/RES/1975 tries to address the issue of violence and lawlessness in a post-electoral environment in the Ivory Coast. To achieve this goal, the resolution augments the sanctions regime that was already in place in the country and take action related to the freedom of the press and the humanitarian situation on the ground. Those efforts are shown amidst calls for cooperation from all parties, condemnation of the violence as well as calls for the end of violence, combined with a strong call for the lifting of the siege of a hotel. The strong wording of the resolution closely relate to the broad mandate that was defined under S/RES/1609.



Preamble

The document recalls its resolutions on Ivory Coast and one on Liberia and as S/RES/1609 reaffirms the commitment to Ivorian sovereignty and principles of good-neighborliness. It further reiterates their desire for the post-electoral crisis to be resolved peacefully and commends the constructive efforts of the African Union High-level Panel. The document welcomes the decision of the Peace and Security Council of the African Union reaffirm all its previous decisions and also the political initiatives taken by States under ECOWAS. Despite of all the advance with the African local efforts, the United Nations still expresses grave concern with the recent escalation of violence and condemns all provocative action and statements by any party as well as serious abuses and violations of international law.

The preamble also welcomes the decision of the Human Rights Council to dispatch an independent commission to inquiry on the facts and circumstances related to the allegations of abuses and violations of human rights. It further stresses that those responsible for the abuses and violations must be held accountable and that it is the responsibility of the Ivory Coast to promote and protect human rights and fundamental freedoms. It also considers that the attacks could amount to crimes against humanity. It also determines that the situation is still a threat to international peace and security and it acts under Chapter VII.

Operative Clauses

The resolutions opens with a calls for all Ivorian parties to respect the will of the people from the electoral results and to immediately end the violence against civilians. It further calls upon all parties to pursue the political solution set by the African Union and its High Representative. The document also condemns the decision of former President Gbagbo not to accept the political solution and urges hum to step aside, a few paragraphs before sanctioning him in the annex 1 of S/RES/1975. It also urges all Ivorian State institutions to yield to the authority of the elected President Ouattara, it also condemns the attacks, threats, acts of obstructions and violence perpetrated by the government forces, militias and mercenaries against UN personnel. It stresses that those responsible for such crimes must be held accountable and calls upon all parties to fully cooperate with UNOCI.

The resolution moves to reiterate their firm condemnation of all violence committed against civilians and stresses its full support given to the UNOCI and calls all parties to cooperate fully with the mission and the independent international commission put in place by the Human Rights Council. It also condemns the usage of the media in the Ivory Coast to incite discrimination, hostility, hatred and violence while calling for the lifting of all restricts that exist on freedom of expression. The document also expresses its deep concern with the increasing number of internally displaced persons and Ivorian refugees caused by the post-electoral crisis. The resolution moves on to reiterate a longstanding demand that Mr. Gbagbo lift the siege of Golf Hotel immediately. It finally decides to adopt targeted sanctions against individuals such as Mr. Gbagbo under the criteria set by S/RES/1572, which are listed in the annex of the resolution, before deciding to remain seized of the matter.

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